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HomeMy WebLinkAbout4-16-12 PC Minutes M I N U T E S REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers April 16, 2012 A Regular Meeting and Joint Public Hearings were held on April 16, 2012 with the following members present: Commission members present: Chairman Sina Nejad Vice Chairman Marty Craig Commissioner Lynda Kay Makin Commissioner Glenn Bodwin Commissioner Steven Johnson Commissioner Lauren Williams Mason Commissioner Eddie Senigaur Commissioner Bill Little Commission members absent: Commissioner Patrick Gibbs Commissioner Walter Kyles Commissioner Clint Walters Commissioner Frank Messina Councilmembers present: Mayor Becky Ames Councilman-at-Large W. L. Pate Councilmember-at-Large Gethrel Williams-Wright Councilman Audwin Samuel Councilmember Alan Coleman Councilman Mike Getz Councilmembers absent: Mayor Pro-Tem Jamie D. Smith Also present: Steve Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Tyrone Cooper, City Attorney APPROVAL OF MINUTES Commissioner Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held March 19, 2012. Commissioner Mason seconded the motion. Motion to approve carried 8:0. Planning Commission April 16, 2012 REGULAR MEETING 1) File 803-OB: Consider a request for the abandonment of a 0.3530 acre portion of Stagg Drive. Location: Approximately 290' east of the intersection of Stagg Drive and th 11 Street Applicant: C. Scott Mann, Jr. Mr. Richardson presented the staff report. The request for the abandonment of a 249' section of Stagg Drive is located approximately th 290' east of the intersection of Stagg and N. 11 Street. Baptist Hospitals owns the properties on either side of the requested abandonment. Baptist is in negotiations with HEB Stores to sell the property on either side of Stagg to HEB. HEB has requested that Baptist apply for the abandonment to facilitate its development plans. This item was sent to all interested parties. The various entities returned their conditions. Mr. Richardson recommended approval subject to the following conditions.  The existing 6' water main will need to be replaced with HDPE SDR-11 pipe and the 12" sanitary sewer main will need to be replaced with HDPE SDR-17 pipe. The mains shall be replaced to 20 LF beyond the limits of the abandonment.  Exclusive water and sewer utility easements will need to be retained to the satisfaction of Water Utilities. No structures or appurtenances shall be placed within the easement property. Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are necessary.  Retain a general utility easement of adequate width for Time Warner Cable, AT&T and Entergy or move their facilities at HEB=s expense.  A 15' exclusive drainage easement must be dedicated for city drainage facilities. Any moving of said facilities will be at HEB=s expense.  There will need to be a 120' hammerhead turn-around constructed at the west end of Stagg at the point where Stagg is terminated;  In addition to the fire hydrants required for the project, there may 2 Planning Commission April 16, 2012 th be an additional fire hydrant required at Stagg and 11 St.  A solution that allows drivers to turn around on the east side of the proposed abandonment in the existing right-of-way. This solution needs to be acceptable to the Fire Department as well as to Transportation. Transportation would prefer a cul-de-sac within the 60' right-of-way on Stagg, however a hammerhead turn-around as suggested by the Fire Department would be acceptable. Transportation will consider alternative solutions. The developer will be responsible for providing this solution.  In place of utilizing a sign legend similar to the Texas Manual on Uniform Traffic Control Devices (TMUTCD) R11-4 sign (A Road Closed to Thru Traffic @), Transportation shall require the developer th to place W14-1a signs (A Dead End @ blade) at the intersections of 8 th St. and Stagg Dr. and 11 St. and Stagg Dr.  On the east side of the proposed abandonment on Stagg Dr., Transportation will require the developer to place End-of-Roadway Object Markers OM4-1, OM4-2, OM4-3 if Stagg Dr. does not terminate into a cul-de-sac. Chairman Nejad opened the public hearing and asked for comments. Scott Mann with Germer Gertz addressed the Commission on behalf of Baptist Hospital. John Rose with HEB also addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Bodwin made a motion to approve a request for the abandonment of a 0.3530 acre portion of Stagg Drive located th approximately 290' east of the intersection of Stagg Drive and 11 Street as requested in File 803-OB subject to the following conditions:  The existing 6' water main will need to be replaced with HDPE SDR-11 pipe and the 12" sanitary sewer main will need to be replaced with HDPE SDR-17 pipe. The mains shall be replaced to 20 LF beyond the limits of the abandonment.  Exclusive water and sewer utility easements will need to be retained to the satisfaction of Water Utilities. No structures or appurtenances shall be placed within the easement property. Water 3 Planning Commission April 16, 2012 Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are necessary.  Retain a general utility easement of adequate width for Time Warner Cable, AT&T and Entergy or move their facilities at HEB=s expense.  A 15' exclusive drainage easement must be dedicated for city drainage facilities. Any moving of said facilities will be at HEB=s expense.  There will need to be a 120' hammerhead turn-around constructed at the west end of Stagg at the point where Stagg is terminated;  In addition to the fire hydrants required for the project, there may th be an additional fire hydrant required at Stagg and 11 St.  A solution that allows drivers to turn around on the east side of the proposed abandonment in the existing right-of-way. This solution needs to be acceptable to the Fire Department as well as to Transportation. Transportation would prefer a cul-de-sac within the 60' right-of-way on Stagg, however a hammerhead turn-around as suggested by the Fire Department would be acceptable. Transportation will consider alternative solutions. The developer will be responsible for providing this solution.  In place of utilizing a sign legend similar to the Texas Manual on Uniform Traffic Control Devices (TMUTCD) R11-4 sign (A Road Closed to Thru Traffic @), Transportation shall require the developer th to place W14-1a signs (A Dead End @ blade) at the intersections of 8 th St. and Stagg Dr. and 11 St. and Stagg Dr.  On the east side of the proposed abandonment on Stagg Dr., Transportation will require the developer to place End-of-Roadway Object Markers OM4-1, OM4-2, OM4-3 if Stagg Dr. does not terminate into a cul-de-sac. Commissioner Senigaur seconded the motion. Motion to approve carried 8:0. 2) File 805-OB: Consider a request for a waiver of a sidewalk. Location: Along Keith Road at 8690 Highway 105 Applicant: Creekwood Baptist Church Mr. Richardson presented the staff report. Wallace Wilson, PE, representing Creekwood Baptist Church, states that the existing Keith Road right-of-way is constricted and contains a ditch. The ditch is 4' to 5' deep and has steep slopes which do not allow for the construction of the 4 Planning Commission April 16, 2012 sidewalk to meet ADA standards. The Subdivision Regulations state that the Planning Commission may grant a waiver to the sidewalk requirement if the applicant can prove that there is an engineering reason for not installing the sidewalk. Mr. Richardson recommended approval of the request. Chairman Nejad opened the public hearing and asked for the applicant=s comments. The applicant was not present. The public hearing was closed. Commissioner Makin made a motion to approve a request for a waiver of a sidewalk along Keith Road at 8690 Highway 105 as requested in File 805-OB. Vice Chairman Craig seconded the motion. Motion to approve carried 7:1 (Johnson). JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of April 16, 2012 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Nejad. Chairman Nejad explained the policies and procedures for the hearing process. 3) File 2128-P: Consider a request for an amended specific use permit to allow the expansion of a church in an RM-H (Residential Multiple Family Dwelling-Highest Density) District. Location: 3175 S. Major Drive Applicant: Hickman Consulting Engineers Mr. Richardson presented the staff report. Douglas Bicknell, representing Hickman Engineering, states that the Seventh-Day Adventist Church plans to construct an 8,647 sq. ft. multi-purpose building that will connect with the existing church sanctuary. An additional driveway will also be added to provide better access for both church members and fire trucks. Mr. Richardson recommends approval subject to the following conditions: 5 Planning Commission April 16, 2012  Property shall be graded to drain towards the street and shall not drain onto adjacent properties.  TxDOT must approve construction plans for the new driveway prior to the church beginning construction. Twenty-five notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant=s comments. Mark Hickman addressed the Commission as engineer for the project for Seventh Day Adventist Church. Chairman Nejad asked for comments in favor or in opposition. Stan Bell, architect for the project, spoke in favor of the request. The public hearing was closed. Commissioner Mason made a motion to approve a request for an amended specific use permit to allow the expansion of a church in an RM-H District at 3175 S. Major Drive as requested in File 2128-P, subject to the following conditions:  Property shall be graded to drain towards the street and shall not drain onto adjacent properties.  TxDOT must approve construction plans for the new driveway prior to the church beginning construction. Vice-Chairman Craig seconded the motion. Motion to approve carried 8:0. 4) File 2129-Z: Consider a request for a zone change from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District or more restrictive district. Location: Approximately 300' west of the southwest corner of the th intersection of Delaware and N. 10 Street. Applicant: Dr. Hervy Hiner, Jr. 6 Planning Commission April 16, 2012 Mr. Richardson presented the staff report. Dr. Hervy Hiner Jr. states that he would like to develop his 6 acres as a medical office since it is not very far from St. Elizabeth Hospital. He states that the property is unlikely to th be developed as residential. A nursing home is located across 10 St. and is zoned RM-H. Any type of medical office in a RM-H District would require a specific use permit prior to development. The Comprehensive Plan designates this area as a Conservation and Revitalization area. Little development has occurred in the immediate vicinity in years. A medical or other type of office could spur much needed development. Mr. Richardson recommended approval. Thirty-three notices were mailed to property owners within 200 feet. One response in favor and five in opposition were returned. Slides of the subject property were shown. Mr. Richardson stated that Dr. Hiner=s office had called earlier in the day and said that he would not be able to attend the meeting. Chairman Nejad opened the public hearing and asked for comments in favor or in opposition. Jim Segura,, 2840 Delaware, addressed the Commission in opposition to the request. Jean Allred, 2845 Delaware, addressed the Commission in opposition to the request. Kevin Cahill, 2975 Delaware, addressed the Commission in opposition. Jeri Segura, 2840 Delaware, addressed the Commission in opposition. Dorothy DeMary, 2980 Delaware, addressed the Commission in opposition. Chairman Nejad closed the public hearing. 7 Planning Commission April 16, 2012 Commissioner Mason made a motion to deny a request for a zone change from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District or more restrictive district for property located approximately 300' west of the th southwest corner of the intersection of Delaware and N. 10 Street as requested in File 2129-Z. Vice-Chairman Craig seconded the motion. Motion to deny carried 8:0. 5) File 2130-Z: Consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) District to LI (Light Industrial) District or more restrictive district. th Location: 803 S. 4 Street Applicant: Spence Machine Mr. Richardson presented the staff report. Philip Spence, representing Spence Machine, states that he would like to expand his existing business by purchasing and moving into the building on the subject property. He says that the building has 480/3 phase power and an overhead bridge crane. Mr. Spence feels that this property would be a very good location for his business and with the expansion he should be able to provide additional employment. This zone change request could be considered spot zoning. To determine whether a zone change request constitutes spot zoning, several issues need to be addressed.  The law demands that the approved zoning plan should be respected and not altered for the benefit of the landowner. ANSWER: All the surrounding zoning is GC-MD. The nearest industrially zoned property is approximately 584' to the northeast. LI zoning allows many uses that are not compatible to a commercial district. The proposed use is not allowed at all in the GC-MD District.  Will this change adversely impact the surrounding properties? ANSWER: LI zoning allows many uses that are not compatible to a commercial district and could have an adverse impact upon neighboring lands. 8 Planning Commission April 16, 2012  Is the tract of land suitable or unsuitable for use as presently zoned? ANSWER: The property owner states that the existing building was once used as a machine shop. However, the building has been vacant for over a year and since its use as a machine shop, it has been used for commercial uses. Even though the building is still equipped to allow a machine shop, the Zoning Ordinance states that if a property is used for another purpose during the suspension of the nonconforming use, only uses allowed in the GC-MD District are permitted.  Does the proposed change bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas. ANSWER: The proposed zone change does not bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas. Mr. Richardson recommend denial based upon the fact that it is spot zoning. Twenty-five notices were mailed to property owners within 200 feet. Two responses in favor and one in opposition were returned. Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant=s comments. Philip Spence, the applicant, addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. Ivan Barry, 4825 Gladys, co-owner of the subject property, addressed the Commission. 9 Planning Commission April 16, 2012 Ty Badon, 4310 Thomas Court, addressed the Commission in favor of the request. Mr. Badon owns property within 200' of the property. Discussion followed between the Commission, City Council and staff. The possibility of a zoning study for the area was also discussed. Chairman Nejad closed the public hearing. Commissioner Senigaur made a motion to table File 2130-Z and requested that a rezoning study of the area be done by City staff. Vice-Chairman Craig seconded the motion. Motion to table carried 8:0. 6) File 2131-P: Consider a request for a specific use permit to allow a drinking place in a CBD (Central Business District). Location: 268 Pearl Street Applicant: Bryant Mitchell for Blaq Star I, LLC Mr. Richardson presented the staff report. This item is a request for a specific use permit to allow a drinking place in the CBD District. The property is located at 268 Pearl Street. Bryant Mitchell, representing Blaq Star I, LLC states that the business will be a bar/lounge. Business hours will be from 4 p.m. to 2 a.m., Wednesday through Saturday. The facility will host live musical and non-musical acts. This type of entertainment will be provided approximately two times a week. All live performances will begin around 7 p.m. While there are no parking requirements for businesses zoned CBD, staff has concern over what effect this type of business would have on the parking needs of surrounding businesses. A bar with live entertainment could draw large crowds that could not be accommodated by street parking only. Overflow parking could be a detriment to surrounding businesses. In addition, the noise levels typically generated by a bar that provides live entertainment could be of concern for other nearby businesses and churches. In July, 2008, a similar request for 268 Pearl was denied by both the Planning Commission and City Council. Mr. Richardson recommended denial of the request. Fifteen notices were mailed to property owners within 200 feet of the subject property. No responses in favor and one in opposition were 10 Planning Commission April 16, 2012 returned. The comments received prior to packets being mailed are included in the staff report. Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant=s comments. The applicant was not present. Chairman Nejad asked for comments in favor or in opposition. Willard Hall spoke in opposition to the request. Mr. Hall owns the business next door to the subject property. Karen Doris, Pastor of First Methodist Church, addressed the Commission in opposition. Chris Benaja, Director of the day care at First Methodist Church, addressed the Commission in opposition to the request. Lane Nichols, 4390 Pebble Beach Drive, spoke in opposition to the request. He asked members of the audience that were in opposition to stand. Chairman Nejad closed the public hearing. Vice-Chairman Craig made a motion to deny a request for a specific use permit to allow a drinking place in a CBD (Central Business District) at 268 Pearl Street as requested in File 2131-P. Commissioner Makin seconded the motion. Motion to approve carried 8:0. 7) File 799-OB: Consider a request for an amendment to the Zoning Ordinance, Section 28.03.024 (c), District Area and Height Regulations, Area and Height Exceptions, to clarify side and rear setbacks for residential districts. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. This item was work shopped last month. The amendment allows accessory buildings within 2 2= of the side or rear property line as long as they are not constructed within that portion of the lot where the main structure is within 15' of the property line. 11 Planning Commission April 16, 2012 Mr. Richardson recommended approval. Chairman Nejad opened the public hearing and asked for comments. No comments were made. The public hearing was closed. Vice-Chairman Craig made a motion to approve a request for an amendment to the Zoning Ordinance, Section 28.03.024 (c), District Area and Height Regulations, Area and Height Exceptions, to clarify side and rear setbacks for residential districts as requested in File 799-OB. Commissioner Mason seconded the motion. Motion to approve carried 8:0. 8) File 804-OB: Consider a request for an amendment to the Zoning Ordinance, Section 28.04.003 (c) (2), Sign Regulations in an NC (Neighborhood Commercial) District. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. This item is a request to amend Section 28.04.003(c)(2) of the Zoning Ordinance to address an issue with the maximum area allowed for attached owner identification signs in the Neighborhood Commercial and Office Park District. A recent instance involved a store relocating to a new rental in a large strip center that is zoned NC. The Zoning Ordinance states that an attached owner identification wall sign shall not exceed forty square feet. A variance to the maximum area from 40 sq. to 68.78 sq. ft. was granted by the Board of Adjustment in January. The reasoning behind the variance was to provide a sign that was large enough for a store front of 74' to be seen by both the traveling public and customers within the strip center. Staff recommends a change to the ordinance that allows one square foot of sign area for each lineal foot of store frontage with the sign area not to exceed 70 square feet. (Commissioner Makin stepped out.) Chairman Nejad opened the public hearing and asked for comments. No comments were made. The public hearing was closed. Vice-Chairman Craig made a motion to approve a request for an amendment to the Zoning Ordinance, Section 28.04.003 (c) (2), Sign Regulations in an NC (Neighborhood Commercial) District as requested in File 804-OB. Commissioner Mason seconded the motion. Motion to approve carried 7:0. 12 Planning Commission April 16, 2012 OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:23 P. M. 13